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McNally17439  
#1 Posted : 17 February 2014 13:30:38(UTC)
Rank: New forum user
McNally17439

This is probably a well discussed topic but could anyone point me to a case study in reference to women of child bearing age. When I have raised this topic, the company reaction is to refer to the new and expectant mothers scenario which I am aware of. I know that we should be carrying out RAs for women of child bearing age but I face resistance on this. If I could refer to a case study then this would help me considerably. I would appreciate any assistance. Thanks
Frank Hallett  
#2 Posted : 17 February 2014 16:30:34(UTC)
Rank: Super forum user
Frank Hallett

Hi McNally To ensure a more focussed response, could you please identify whether you're referring to the MHSW Reg 18 requirement to conduct a RA when informed by an employee that they are pregnant or a recent mother; or if you have other, more specific Regulations in mind. Frank Hallett
aud  
#3 Posted : 17 February 2014 17:40:45(UTC)
Rank: Super forum user
aud

Regulation 16 of MHSW requires that "the risk assessment should include any specific risks to females of childbearing age who could become pregnant, and any risks to new and expectant mothers." Hi McNally. When an employee provides written notification (regulation 18 of MHSW) to her employer stating that she is pregnant . . . "the employer should immediately take into account any risks identified in their workplace risk assessment." That is - any risks are already identified in the workplace or activity assessment in existence. HSE guidance: 'Although it is NOT a legal requirement for employers to conduct another specific or further individual risk assessment for new and expectant mothers, employers may CHOOSE to do so . . . An employer’s risk assessment should have ALREADY considered any specific risks to new and expectant mothers when considering the rest of the workplace.' (my emphasis by CAPS). I think this might be where you are coming from? and meeting some resistance? as there seems to have developed a view that notification of pregnancy prompts a specific assessment. O'Neill v Bucks CC 2010 (EAT) clarifies the actual regulatory requirement above, against the contention that a 'pregnant worker RA' had not been carried out.
Merv  
#4 Posted : 17 February 2014 18:35:52(UTC)
Rank: Forum user
Merv

Women of child bearing age are forbidden to work with teratogenic or mutagenic chemicals which may affect a developing foetus. I can't quote, without looking it up but an example is lead. In some european countries they may be allowed if airborne and blood levels can be maintained at very low levels. Check the COSHH sheets. Originally the definition referred to "of childbearing capability" but, apparently, there were stories of women having hysterectomies so as to retain their jobs.
Kate.  
#5 Posted : 17 February 2014 18:39:40(UTC)
Rank: Forum user
Kate.

They're not absolutely forbidden from working with such chemicals - it is risk based and the employer has to make an assessment, as usual, based on the risk of exposure.
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